It also directed the provincial Environment Protection Agencies to submit report about all such cases pending before the Environment Tribunals and ordered the Labour and Human Resource Department Punjab to submit a report about the non-registered stone crushing units operating in Lahore.
The three judge bench of the apex court headed by Chief Justice Nasirul Mulk was hearing the suo motu case regarding the death of 18 stone-crushing labourers in Gujranwala, taken by the former chief justice Tassaduq Hussain Jillani on his last day in office on July 5.
The case was taken on the application filed by two members of the Public Lawyers Front (PLF), Usama Khawar and Yahya Faird Khawaja. They have asked the court to direct the provincial governments to frame rules to regulate stone-crushing factories.
Raheel Kamran Sheikh, the counsel for the applicants, pointed out that despite the repeated requests made by the deceased labourers to the factory owners, they were neither provided with any masks to protect them from inhaling silica powder nor did factory owners install any dust control equipment.
He further contested that the main purpose of this case was to prevent workers from contracting the silicosis disease, and provide affected workers with treatment and compensation to the heirs of those who had died.
The counsel informed the court that 57 stone crushing units are working in Lahore, while only three of them are registered.
Meanwhile, Additional Advocate General Punjab Razaq A Mirza submitted reports on behalf of District Officer Labour Gujrawala.
According to the report, Rs300,000 have been distributed among the dependents of each of the 13 deceased workers. Similar amount will also be paid to legal heirs of remaining deceased workers, once they produce the succession certificate, says the report submitted by District Officer Labour Gunjranwala.
It further states that the Labour Department has conducted a survey of stone crushing units and notices under section 33-1 of the Factories Act 1934 were issued to 19 employers to remove the workers from unsafe stone grinding process until appropriate standardized safety measures are adopted.
Due to the non enforcement of occupational safety and health standards at the work place, the prosecutions against all stone grinding factories were lodged in the court of law.
“During the course of inspections, workers and employers were educated about the occupational safety and health hazards and that of silicosis. Due to the non-compliance of departmental institutions, complaints of public nuisance under section 133 of Cr. PC were also filed against the factory owners. Ultimately, the indifferent attitude of delinquent factory owners were brought into notice of the district administration for taking legal action against them”
The report further states that the Special Judicial Magistrate Gujranwala had imposed a fine on the delinquent employers at the rate of Rs5,000 per violation while the concerned inspectors of factories have filed appeal in session court against the order of special judicial magistrate for imposing such a meagre amount of fine. Although the labour department had lodged 17 cases on August 27 but they believe that the fine imposed by special judicial magistrate will not serve the purpose of deterrent punishment rather it will courage to repeat the violation.
For the compensation to the legal heirs of the diseased workers, the report says that claims were lodged by the inspector of factories in the court of Workmen Compensation Commissioner Gujranwala under Worksmen Compensation Act 1923 and the same have been decreed in favour of the legal heirs of diseased workers at the rate of Rs200,000 each diseased workers.
The hearing was adjourned till January 7.
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Water sprays and wet cutting methods reduce the risk for silica exposure. Work spaces should meet Occupational Safety and Health Administration (OSHA) standards. This includes proper ventilation. Employers can monitor air quality at worksites, to ensure that excess silica is not in the air. Employers must report all diagnosed incidents of silicosis.